Hon. Jack Komar (Ret.)

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Employment

Hon. Jack Komar (Ret.) has extensive experience with all types of employment cases acquired as a JAMS neutral and during more than 24 years of service on the Santa Clara County Superior Court bench. Judge Komar initiated a voluntary mediation program for all unlimited civil cases upon stipulation of the parties, focused on settling cases before large sums are expended on discovery and law and motion. His expertise allows him to settle matters efficiently and fairly.

He is highly regarded by counsel for his objectivity as well as his skills in managing multi-party complex litigation. Judge Komar has substantial experience with various areas of employment law including, wage & hour disputes, employee raiding, contract disputes, as well as employment class actions.

Representative Matters

  • Case involving solicitation of employees, inducement of breach of contract and the alleged misuse of trade secret information
  • Matters involving the interpretation of contract stock options
  • Class action cases involving a myriad of causes of action, including actions alleging that employer reimbursement of advanced commissions were unlawful
  • Actions involving tip sharing mandates by employers and proper allocations of tips
  • Actions alleging that certain Labor Code provisions created private causes of action
  • Actions alleging that sabbatical policies create a vested right when an employee terminates before meeting the time in service requirements; actions contending that a sabbatical was actually a disguised vacation structure
  • Actions claiming that employees are entitled to compensation for time spent changing into uniforms; actions challenging exempt status of some managers and assistant managers in connection with lunch, rest break, and overtime requirements
  • Actions challenging certain engineers were exempt from wage-and-hour protections based on either the professional or the administrative exemption
  • Actions challenging whether technical writers are exempt employees, inter alia
  • Defamation action against former employees by former managers of a national corporation and the corporation itself
  • ERISA preemption arbitration with a national company

Honors, Memberships, and Professional Activities

  • Member, California Judicial Council, 2002-2005
    • Chair, Litigation Management Committee supervising all litigation in California involving courts and court judicial and other personnel, 2004 and 2005
    • Vice Chair, Executive and Planning Committee, 2003-2005
    • Member, Science and the Law Steering Committee, 2006
  • Past President and immediate past Chairman of the Board of Directors, National Conference of Metropolitan Courts
  • Charter member, American Inn of Court (William Ingram Chapter) (Since 1985)
  • Member, American Bar Association, the National Conference of Metropolitan Courts, the California Judges Association, and the Santa Clara County Bar Association
  • Taught Judicial and Continuing Education Courses as lawyer and judge

Background and Education

  • Judge, Superior Court, Santa Clara County, CA, 1985-2009 (Presiding Judge, 1999-2000; Assistant Presiding Judge, 1997-1998)
  • Private Practice, San Jose, CA, 1969-1985
  • Professor of Law, contract law, Lincoln University Law School, 1970-1984
  • Deputy District Attorney, Santa Clara County, 1966-1969
  • Trial Attorney, U.S. Dept. of Justice, Washington, D.C., 1965-1966
  • J.D., (Order of the Coif), University of California Hastings College of the Law, 1965; Thurston Society; Hastings Law Journal Staff
  • B.A., San Jose State University, 1962
  • United States Navy, 1954-1958 Honorable Discharge

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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